A legal bid by Eleanor Donaldson to have two charges against her dropped in the sex offence case involving her husband, Jeffrey Donaldson, has taken place ahead of the couple standing trial next month.
Flanked by prison guards, the former DUP leader and Ms Donaldson appeared in the dock at Newry Crown Court on Friday, where judge Paul Ramsey heard a detailed application from her legal representative.
A prosecution lawyer asked the judge to reject the application, arguing the charges were a “matter for a jury to interpret”.
Neither Mr Donaldson nor his wife spoke during the hearing, which lasted almost five hours and included footage from a police interview with a complainant, which cannot be reported for legal reasons.
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At the outset of the proceedings, the judge warned that no evidence could be shared with the public that could be used to potentially identify the two complainants in the case.
Mr Donaldson (62), has already pleaded not guilty to 18 offences - one count of rape, four of gross indecency with or towards a child, and 13 of indecent assault on a female on dates between 1985 and 2008.
Ms Donaldson (58), of Dublinhill Road, Dromore, faces five charges of aiding and abetting in connection with the alleged offences connected to her husband. She has entered not guilty pleas to three charges, and her defence team sought for two to be withdrawn in its “no bill” application.
The couple are currently on bail.
During the afternoon hearing, the judge issued a further warning to journalists about reporting restrictions.
“You can report the legal argument … but beyond that, the detail that’s given in the evidence can’t be reported because the concern would be there are potential future jurors out there, and if it appears that they had read anything about the case before we actually head to trial …,” he told the court.
During his legal submission, Ms Donaldson’s barrister cited case law and said that “non-interference to prevent a crime is not itself a crime”.
In her legal argument, the prosecution lawyer told the judge that her “overall point” was that the defence application is “largely centred on points that are for a jury – and not for your honour at this stage”.
“Now, that is an argument that I have put forward in our written response to the application, but a number of things have been said through the course of this morning and this afternoon which are … classic questions that would be put before a jury in closing speech.”
Mr Justice Paul Ramsey will deliver his ruling next Friday.
Mr Donaldson, the long-standing MP for Lagan Valley, was arrested and charged at the end of March last year.
He resigned as DUP leader and was suspended from the party after the allegations emerged.
Weeks before his arrest, he had led the DUP back into Stormont after a two-year boycott of the powersharing institutions.
Previous deputy leader Gavin Robinson was appointed his successor as DUP chief.
